Do I Need Council Approval to Remove a Tree in NSW?
Yes, in most cases you need council approval before removing a tree in NSW. Most local councils have Tree Preservation Orders (TPOs) or Development Control Plans (DCPs) that protect trees above a certain size. Removing a protected tree without approval can result in fines of up to $1.1 million for individuals and $2.2 million for corporations under the Environmental Planning and Assessment Act.
This is one of the most common questions I get from homeowners, and the rules catch a lot of people off guard. Here is what you need to know before picking up a chainsaw or hiring someone to take a tree down.
What Is a Tree Preservation Order (TPO)?
A Tree Preservation Order is a local council regulation that protects trees meeting certain criteria — usually based on height, trunk diameter, or canopy spread. Once a tree is covered by a TPO, you cannot remove, prune, or damage it without written approval from council.
Most TPOs in NSW protect trees that are:
- Over 3 metres in height, or
- Have a trunk diameter of 100mm or more measured at chest height (approximately 1.4m above ground)
The exact thresholds vary between councils, so you need to check your specific local government area.
Central Coast Council Rules
Central Coast Council has a Tree and Vegetation Preservation Order that protects trees and vegetation across the local government area. Key points:
- Trees with a height of 3 metres or more or a trunk circumference of 300mm or more (measured at 1 metre above ground) are generally protected
- You need a permit to remove, lop, top, ringbark, or destroy any protected tree
- Applications are assessed by council's tree management team and may require an arborist report
- Processing times vary but allow at least 20-30 business days for a decision
- Some vegetation in environmentally sensitive areas has additional protections
If you live on the Central Coast, check our service areas page for more information about working in your area.
Lake Macquarie and Newcastle Council Rules
Lake Macquarie City Council protects trees that are 3 metres or taller, or have a trunk diameter of 100mm or more at chest height. Approval is required for removal or significant pruning.
City of Newcastle has similar protections under its DCP. Trees over 3 metres or with trunk diameters exceeding 100mm at 1.4 metres above ground are generally protected.
Both councils require a formal application and may request an arborist's assessment as part of the approval process.
Sydney Council Rules
If you are in a Sydney metropolitan council area, the rules are broadly similar but the specifics vary by local government area. Many Sydney councils protect trees over 3 metres tall or with trunks over 100mm in diameter. Some councils, such as Ku-ring-gai, have particularly strict vegetation protection rules due to the bushland character of the area.
Always check with your specific council before proceeding.
Exceptions — When You May Not Need Approval
There are some common exceptions where you may be able to remove a tree without council approval:
- Dead trees — Most councils allow removal of dead trees without a permit, but you may still need to notify council and provide evidence (such as photos or an arborist letter)
- Dying or hazardous trees in an emergency — If a tree poses an immediate risk to life or property (for example, after storm damage), you can generally take action to make it safe. Document everything and notify council as soon as possible
- Exempt species — Some councils maintain a list of exempt species that can be removed without approval. These are typically pest or weed species
- Small trees — Trees below the size threshold in your council's TPO are generally not protected
- Approved development — If tree removal is included in an approved Development Application (DA), separate tree removal approval is not usually required
Important: Even if you think an exception applies, it is worth confirming with council first. The penalties for getting it wrong are severe.
Penalties for Illegal Tree Removal
Removing a protected tree without approval is a serious offence in NSW. Penalties include:
- Fines of up to $1.1 million for individuals and $2.2 million for corporations
- Orders to replant replacement trees, often at significant cost
- Land and Environment Court proceedings in serious cases
- Potential impacts on future development applications for your property
Councils actively investigate illegal tree removal, and neighbours are often the ones who report it.
How a Certified Arborist Can Help
Navigating council tree removal processes is something we do regularly at Certified Tree Service. Here is how we can help:
- Assess your tree and advise whether removal is the right option or if pruning could address your concerns
- Prepare arborist reports that meet council requirements for tree removal applications
- Identify exempt species or situations where approval may not be required
- Lodge applications on your behalf and liaise with council
- Carry out approved work safely and to Australian Standards once approval is granted
Having a qualified arborist on your side makes the process smoother and significantly increases the likelihood of your application being approved. Councils take applications more seriously when they are supported by a professional arborist report.
Learn more about our tree removal service or check which areas we service.
Next Steps
If you have a tree you want removed, do not just go ahead and cut it down. Call us on 0432 687 647 or contact us for a free assessment. Daymian will inspect the tree, advise on whether council approval is needed, and guide you through the process from start to finish. We service the Central Coast, Lake Macquarie, Newcastle, and Sydney's North Shore and Hills District.